Kenneth Vercammen was included in the “Super Lawyers” list published by Thomson Reuters

Sunday, June 19, 2016

State v. Lee Funderburg (A-29-14

State v. Lee Funderburg (A-29-14; 074760)

Defendant was not entitled to a jury instruction on attempted passion/provocation manslaughter because the facts before the trial court did not clearly indicate that the elements of attempted passion/provocation manslaughter were present. In particular, there was insufficient evidence before the jury to demonstrate that a reasonable person in defendant’s position would have been adequately provoked by the victim’s behavior.